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- Michigan Law Review (4)
- Life of the Law School (1993- ) (3)
- Articles (2)
- Journal of Catholic Legal Studies (2)
- Michigan Journal of Environmental & Administrative Law (2)
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- Michigan Journal of Race and Law (2)
- AWE (A Woman’s Experience) (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Faculty Journal Articles and Book Chapters (1)
- Freedom Center Journal (1)
- Ledewitz Papers (1)
- Michigan Journal of International Law (1)
- Newspaper Columns (1)
- Northwestern Journal of Law & Social Policy (1)
- Reviews (1)
- Scholarly Works (1)
- School of Law Conferences, Lectures & Events (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- St. Mary's Law Journal (1)
- University of Michigan Journal of Law Reform (1)
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Articles 1 - 29 of 29
Full-Text Articles in Entire DC Network
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty
Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty
Northwestern Journal of Law & Social Policy
No abstract provided.
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Distinctive Questions Of Catholics In History, Amelia J. Uelmen
The Distinctive Questions Of Catholics In History, Amelia J. Uelmen
Journal of Catholic Legal Studies
(Excerpt)
Let me start by saying how much I enjoyed working through the manuscript that Professors Breen and Strang shared with us, and how much I look forward to the development of this project on the history of Catholic legal education. My comments focus on the architecture of Chapter Three and the conceptual driver for Chapter Five. The frame for my suggestions is the challenge that emerges clearly in the 1960s when, as James Burtchaell noted, students were “drop[ping] their faith like baby teeth.” As Professors Breen and Strang summarize: “University administrators were well aware that even Catholic students were …
Teaching Jurisprudence In A Catholic Law School, Jeffrey A. Pojanowski
Teaching Jurisprudence In A Catholic Law School, Jeffrey A. Pojanowski
Journal of Catholic Legal Studies
(Excerpt)
Jurisprudence plays an important role in John Breen and Lee Strang’s history of Catholic legal education and in their prescription for its future. Legal philosophy in general, and the natural law tradition in particular, provide a central justification for the existence of distinctive Catholic law schools. They are right to argue so. As part of the broader Catholic intellectual tradition, which emphasizes the unity of knowledge and the eternal significance of mundane practice, natural law philosophy rejects mere vocationalism. It can provide the animating form and direction of a legal education that is more than one damn thing after …
United/States: A Revolutionary History Of American Statehood, Craig Green
United/States: A Revolutionary History Of American Statehood, Craig Green
Michigan Law Review
Where did states come from? Almost everyone thinks that states descended immediately, originally, and directly from British colonies, while only afterward joining together as the United States. As a matter of legal history, that is incorrect. States and the United States were created by revolutionary independence, and they developed simultaneously in that context as improvised entities that were profoundly interdependent and mutually constitutive, rather than separate or sequential.
“States-first” histories have provided foundational support for past and present arguments favoring states’ rights and state sovereignty. This Article gathers preconstitutional evidence about state constitutions, American independence, and territorial boundaries to challenge …
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Michigan Journal of Race and Law
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
St. Mary’S University Institute On Chinese Law And Business: Remarkable Success In The First Ten Years, Robert H. Hu
St. Mary’S University Institute On Chinese Law And Business: Remarkable Success In The First Ten Years, Robert H. Hu
St. Mary's Law Journal
Abstract forthcoming.
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Articles
The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language …
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Articles
This Article, prepared for a Georgetown Law Journal symposium on the Nineteenth Amendment’s one-hundred-year anniversary, explores and defends a “thick” conception of the Nineteenth Amendment right to vote and Congress’s power to enforce it. A “thin” conception of the Nineteenth Amendment maintains that the Amendment merely prohibits states from enacting laws that prohibit women from voting once the state decides to hold an election. And a “thin” conception of Congress’s power to enforce the Nineteenth Amendment maintains that Congress may only supply remedies for official acts that violate the Amendment’s substantive guarantees. This Article argues the Nineteenth Amendment does more. …
Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa
Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa
Michigan Journal of International Law
For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.
This article underscores the role of the postcolonial periphery in …
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Fascism And Monopoly, Daniel A. Crane
Fascism And Monopoly, Daniel A. Crane
Michigan Law Review
The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Branch, this Article assesses the historical …
Fixing America's Founding, Maeve Glass
Fixing America's Founding, Maeve Glass
Michigan Law Review
Review of Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era.
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint
University of Michigan Journal of Law Reform
Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging funding …
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Michigan Journal of Environmental & Administrative Law
This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and …
Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon
Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon
Michigan Journal of Environmental & Administrative Law
The Paperwork Reduction Act (PRA) is an often-ignored law with a large impact. Federal agencies cannot ask the same questions of more than nine people or entities without submitting a proposed information collection to the White House Office of Management and Budget for review, a process that can take up to a year to complete. In an attempt to regulate the amount of paperwork foisted on the public, the PRA has created an enormous amount of paperwork for federal agencies—without any meaningful reduction in the paperwork burden faced by the public. Yet, likely because the burden of the PRA is …
Saving Judicial Independence From The Nihilism Of Court-Packing, Bruce Ledewitz
Saving Judicial Independence From The Nihilism Of Court-Packing, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval
Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval
St. Mary's Journal on Legal Malpractice & Ethics
The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.
This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will …
Equality At The Cemetery Gates: Study Of An African American Burial Ground, William A. Engelhart
Equality At The Cemetery Gates: Study Of An African American Burial Ground, William A. Engelhart
Michigan Journal of Race and Law
In Charlottesville, Virginia, the University Cemetery serves as the final resting place of many of the most prominent community members of the University of Virginia. In 2011, the University planned an expansion. During archaeological research to this end, sixty-seven previously unidentified interments, in both adult and child-sized grave shafts, were discovered on the proposed site of expansion, to the northeast of the University Cemetery. Further archival research revealed that “at least two late nineteenth century references note that enslaved African Americans were buried north of but outside the enclosed University, in an adjacent wooded area.” In one, Col. Charles Christian …
Baby Suffragettes: Girls In The Woman's Suffrage Movement Across The Atlantic, Mckenzi Christensen
Baby Suffragettes: Girls In The Woman's Suffrage Movement Across The Atlantic, Mckenzi Christensen
AWE (A Woman’s Experience)
No abstract provided.
Linking Mission And Identity At The University Of Cincinnati, David Straddler
Linking Mission And Identity At The University Of Cincinnati, David Straddler
Freedom Center Journal
This essay traces the major shifts in UC’s mission and identity, keeping in mind the questions of who it serves, and what service it provides. These may seem rather straightforward concerns, especially for an institution that has had 200 years to hone its mission, but a quick review of UC’s history makes clear that the university community has rarely reached a consensus on these central questions. Just as important, in the recent past, conceptions of UC’s mission and identity have become especially muddled. What follows addresses some broad shifts in the role of higher education in the United States, but …
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Tax Policy And Our Democracy, Clinton G. Wallace
Tax Policy And Our Democracy, Clinton G. Wallace
Michigan Law Review
Review of Anthony C. Infanti's Our Selfish Tax Laws: Toward Tax Reform That Mirrors Our Better Selves.
Why Study Tax History?, Reuven S. Avi-Yonah
Why Study Tax History?, Reuven S. Avi-Yonah
Reviews
Since the beginning of this century, John Tiley organized an annual tax history conference at Cambridge, a tradition that was continued after his death under the leadership of Peter Harris. These are the papers from the ninthCambridge Tax Law History Conference, held in July 2018. In the usual manner, the papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinized and edited to the highest standard for inclusion in this prestigious series. The result is an outstanding book, with many high quality contributions to historical tax research.
Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman
Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman
Scholarly Works
Americans have long disputed whether the government may support religious instruction as part of an elementary education. Since Everson v. Board of Education (1947), the Supreme Court has gradually articulated a doctrine that permits states to provide funds, indirectly through vouchers and in some cases directly through grants, to religious schools for the nonreligious goods they provide. Unlike most other areas of Establishment Clause jurisprudence, however, the Court has not built this doctrine on a historical foundation. In fact, in Trinity Lutheran v. Comer (2017), the dissenters from this doctrine were the ones to rely on the founding-era record.
Intriguingly, …
Rebuilding The Texas Railroad Commission, James W. Coleman
Rebuilding The Texas Railroad Commission, James W. Coleman
Faculty Journal Articles and Book Chapters
This article explains how the Railroad Commission of Texas became the world’s most prominent oil and gas regulator and how it can become the world’s role model again. It explains how the Railroad Commission built the world’s modern oil and gas industry by stopping oil and gas waste and ensuring stable prices. And it describes the crisis now facing the industry—overproduction of oil and gas is wasting resources that will be worth more in the future. The United States is emerging from the biggest oil and gas boom that the world has ever seen and its production now dwarfs that …